To link to the entire object, paste this link in email, IM or documentTo embed the entire object, paste this HTML in websiteTo link to this page, paste this link in email, IM or documentTo embed this page, paste this HTML in website

h al us iv i l m i g a z e t 7 / r . thursday june 21 179 s * vol ii j no 77 ture holftars belt t hrfe fevr ral â€¢Â«!. and generally all cles thai be ci nfif other implements ef caÂ«ed wluntvep war m alfo timber y ftir - 11 be tul " f'or ftvip-huilding lined or attempted tar 01 rofin cop to be carried to the er in ihetts lails crc/ny hemp and cordage and generally what ever may ierve *//â€” redly to the equip ment of vejfels u11 vvrough iron and fir plank oiijy ex cepted 1 he immenfe number o articles Â« hicw may ierve indirectly for tlie armanient and equipment ot veflels are in;ide con traband l>y the rule of the directory though the-y are not fo by tl article it proftffes to cite article 21 rule 3 it is like wife a according to th greed that the lub 2 1 ft article of the jefts and citizens treaty of lcndon of of the two nations the lothofnovem hall net do any ads her 794 every ofholtility or vio individual known to lence againft each be an american other nor accept who fliall hold a comnjiftions or in comniillion given flruclions to to aft by the enemies nf irorn any foreign france as well as prince or hate cue every leamen of thac mitb to the party ; nation making a nor fliall the ene part of the crew of mies ol one of the eriemies l)ips fhail parties he permitted by that acl be de to invite or indea clared a pirate sr.d vour to enliu in treattd as fucb their military fer without being al vice any of the fuh lowed in any cale jffts r citizens of to allcdge that he the ether party ; was lorced to do ic and ihe laws againtt by violence nÂ»tna a tuch olfeuccs ces or otherwife - ; - j jgg'^iorii mall he punchially txe cuted and if any lubjtct or citizen of the ivid parries rel pfclivtly fti.ill ac ctpt any foreign coiuinflion or letters of marque lor arm ing any veflel to ' u ad as a privateer againft the other party it is hereby declared to be jaw liwful for the laid party to treat and punifh the faid lub jetf or citizen hav ing fiith ccniniifhon or letters of marque as a pirate 1 he government tf the united statps has r.evcr formed a treaty cdiprelund ing an si tide in any degree fimilat to this rule it has never aflented to inch ti pulations as they relate to its own citizen or require them as thry relate to thole of other powers the difierencc l>r ween the article and the rule requites i\o comment nor will the rule be com mrnttd on the underfigned v ill only oblerve that the article is by no mean uncommon but is to be found in molt treaties ot amity and commerce the 1 ft article of the treaty with france the loth of the treaty with the united pro virces the 23d of the treaty with sweden and aoth article of the treaty with prtif li.t contain limilar hipulaticns it is net eafy to conceive a rcalon why it fhould not alfo be inlerted in a treity with eng land or why its infection fhould give of fence to france but the fourth rule of the decree is in its operation the niofl extenive and the molt ferioully destructive that rule declares that " conformably to the law of the 14th of february 1797 the re gulatio^s of the a 1 it ot october 1794 and of the 26th ot july 1778 concern ing the manner of proving the property of neutral hips and merchandize lull be executed according to their form and tenor â€¢â€¢ livery american fliip fliall therefore 1 be a good prize which lhall not have 011 joy ed by this republic alfo proceeds to w dify the treaty between france and the u nittd states by accleurinq enemies gouts in american bottoms liable to capture and conf cation ; by enlarging the uh of con traband and b fubjttt to punishments as a pirate any amei tcun citizen holding Â« attn mifflon given by the enemies of france ms jjell as every it amen ct'thmt nation making a part of the crew of enemies hips 7hx decree next proceeds to exacl from ante hearts papers which hattbeen made nectjfary to dtablijhthe neutrality of foreign vejjels generally by the ordinance of the 26th of julv 1778 but which had never been con sidered us applying to tbe united states j which required papers their vtffelf couj n tefvppojtd 19 pi(ftfir4md.v*ich i treaty between the two nations was fupptfm to have rendered utmeceffary the basis taken by the execufwe direc tory or which to red their modification of the treaty iff tbe sixth of february 1778 is that by the treaty of the nineteenth Â«/ ao vember 1794 particular favours in re peel of commerce and navigation have been granted to england it has been demonfirated that no parti cular favours is rejpecl of commerce or navigation have been granted to england that treaty has been fbev/n only to recog - nize regulate and moderate the txercift of the rights before poffttfid before openly acknowledged to be fÂ»j[[tj[ed rights which trance and amtrici had reciprocal ly ceded to each other without requiring as a condition of tbe cetfion that either fhould compel england to jutm a fimilar flipulation bui to admit for a moment that the treaty with england might be confidered as stipulating favors not before poilefled yet tlie american government did not to undcrltand tliat treaty and had manifelt cfl a dilpolition to modify by common content us relations with this republ ,â– â€¢ in luch manner aj 10 reinita;e a rule which has been voluntarily changed it cannot but be linccrely regretted becaufe it teem rd to indicate an unfriendly temper that france has deemed it more eligible to el tabli(h by force in oppolition to her treaty i principle which ilie deemed convenient than to ti that principle on the balls of mutual and amicable agreement but the claule under which thefe mo dification are juftified is in thele words : " the molt chriitian king and the unit ed states engage mutually not to grant any particular fovor 10 other notions in refped of commerce and navigation which mall not immediately become common to the other party who mall enjoy the fame lavor treely it the concelfioi was freely made or on allowing the lame compen lation if the conceliion wascoiulition.il it thefe ftipulations unequivocally amount ed to the grant of uvors the grant is not gratuitous the concellions on the part of the united states are made on condition of fi'uilar concelhonson the part ol britain if therefore france chulei to coniider thÂ«m as modifications of the treaty of 1 778 flie can only do it by granting the reciprocal condition , on this fuppofiiion he has either of the rules at her election but he cannot vary from the firlt without a compact on her pan to grant tlic reciprocal itipulation such a compact m in ine nature of a national treaty but the rules 1 lid down in the decree of the 12h1 ventofe 5<h year march 7 1797 at founded on ihe 17th 18th and ailt articles of the 19th of november 1794 are materially variant from thele articles to demonltratethis it is only neceflary to contrail the rules of the decree with the articles of the treaty on which thole rules arc laid to be founded ar tides of tbe treaty ruhr e/fuhli/h by of the 19th no the a etc of the vember 1794 s directory quotrd y the di recl vy articlr 17 rui.f 1 it i agreed that according to the in all cales wljere feventeenth article vellel fh \ be cap of the treaty ot tured or detained london of r c on iuft idfpicion of nineteenth of no dispatches concluded from our lajf.j the general terms too in which this de cree is conceived threatened but too cer ainly the mifchiefs it has generated ami flicabuli which have been practifed un der it neutrals are to be treated as ihe lhall permit the englifo to treat them no rule extracted from the prac.ice ol england it laid down which mlpnt go vern the cruilers of france or biftruct the veflels of neutrals no principes ar itated manifeuii.gthe opinion enurtamed of the treatment received trom hogland which might enable neutral to coÂ»troÂ«ert that opinion and to fliew that thehn&lifli were not permitted to treat it fla a was fÂ»p)^meil by the government of france to judge from tb decrrr itl#f from any * jwfiwÂ»mnfcion'grvÂ«n concerning it or trom the practice under it thole who were to be benefitted by its abufe were to decide in w hat manner k would be executed and the cruifer who mould fall in with a valna we vellel had only to confult his own ra pacity in order to determine whether an englifh privateer meeting a veflel under fimilar circumttance would capture and brin her into port multiplied cxcelles accutnttlated vexations could nor hut have been apprehended from inch a decree and the fact has realized every tear that was entertained concerning it it lias been conltnied even in europe to authorize the capture and condemnation of ame rican veflels tot the finjÂ»le circumltance of their he-inn deltined tor n britilh port at no period of the war has britain under taken to exercile iucn a power at no period of the war has hie aliened luch a nower at no period of the war has die aliened filch * right it is a power which proltrates every principle of national i'o vereignty and to which do nation can tub imu without relinquishing at the fame lime its belt interelts and facrificing its ilearelt ritjhtti this power has been exerci fed by fiance on the rich and unprotected coin iuÂ«rceofan ally on he preemption that thai ally v*s futt lining the lame nijurie from britain at a time when it is reliev ed that the depredations of that nation had ceafed and the principle of compenfatiug for them had been recogtized in the welt-lmlies fimilar depredations have been experienced on the fit of augutt 1796 the ipecial agents of the executive directory to the windward if lands decreed thai all vellels loaded with contraband mould ue fcized andconntcaccd or the benefit of the eaptors on the leventh krimaire 5th year of the french republic one and indivifible 27th november 1796 the comtnildon delegated lÂ»y the french republic to the leeward ifltnds refolved that the captains of french national vctl'ds and privateers are authorized to ltÂ»p and bring into the port of the colony american velleubouud to ktijiulh ports or coming trom the faid iwvitig on board vcniber 1794 ai tneniies property merchandive ot tht or of carrying to enemy or iner the enemy any of charclize not jut the articles which ficitnlly proved to are contraband of bt neutral laden war the laid vtltels under the amtri fliall be brought can h-g fliall he to the ueartit or cuntilcated but molt convenient the vtflcl en board port ; and it any nf which it hall property of an enf be found fliall bt myjhoulu be found rdtaied ind re on board fucb vtj ltorcd to the ow eli that part only ner it is et which belongs to the joined on the cum enemy lull be made mifiaries of the prize and the vef executive direc lei hail be at libtr tory to accelerate ty to proceed with l>y all he means the remainder in their power without any inipe ihedecifion of con diment and it is tells wiiich fhall agreed that all pro snie either on the permeafures lhall validity ot the be taken to j>re prize cargo or on vent delay in de the freight and ciding the cafes of demurrage ihips or cargoes fo brought lor d indication ; and in the payment or recovery ot any indemnification d judged or agreed ro be paid to the owners or matter of luch iljips according to the article when on jtjl fujpicion ot having on board enemy pro perty or of carrying â€¢Â« the entmy cun traband of war a vtflel iiiall be broughi mioporr that part only which belongs to the enemy fhall be ma<1e prize according o the nnicle then the fa<5t whether the ,. sporty does or doe not tnltmp to "â€¢ r > enemy is to be fairly trwtf 1 hf pai ty who would eflalihhi the lacl muh prove it the captet nwi how the juiticc of the fulpicion on which he rapture or de tention was founded the burthen ot the proof reits on him if in truth and in fa ft the property docs not belong to an enemy or is not proved to belong to an enemy it mult be dilcliargcd but the rule puriuei a different courfe the rule declares that merchandize ot the enemy or nit jufficienuy pr wed to be neutral la den under the american hag lull he con fil'caied the burthen ot the proof is diificti from the captor to the captured the queltion to be tried is not folely whe ther the merchandize be in fadt the pro perty of an enemy but alio whether it be sufficiently proved to be neutral the itillicicncv of this proof isto bealcertained not by general tind fatisla&ory teltmiony not by the grand principles ot trutn and the common underltanding of mankind but by the exhibition ot certain papers demandable at the will of one of the panic and not in the pofleflion of the ather 1 liis may be a regulation which france choofes to eftablilh but cer tainly it is a regulation eflentially vari ant ti 0111 the article it nroleiles to rclemble article 18 rile 2 in order to regulate according ro the what is in future to 18th article of the be eftcemed contra treaty of london of band of war it is a the lyrh of novein greed that under her 1794 to the the faid denomint articles declared tion fliall be com contraband by the prifed alt arms and 24th article of the implements ferving treaty or the 6th of for the purpoles ot february 1778 war by land or by are added the fol fea ; as cannon,muf lowing articles : keis mortari pe timber for hip lards bombs gre building pitch tar nades carcafleijfau and rolin copper ciftes carriages for in fheets fails hemp cannon mufkei refts and cordage and bandoliers gun every thing which powder match ferves direclly or in ialtpetre,ba11 pikes dirttlly for the ar fwoi(!i head pie mament an(i equip ' ces cuiriflel b*l blÂ«nt of veffels un berti lances jave wrough iron and ; linij horic furni fir planks excepted ports on the nineteenth phviore jth year of the trench llepublic onenul iudivilible february lit 1797 victor hughes and lebas ihelpecial agents ot the executive directory to die windward 111 wwli pal fed a decree fulijectintr to capture and confifcaiion neutral vt-heis defined for the windward and leeward lll.inds of ame rica delivered up to the enghfll and oc cupied and defended by the emigrants tuefe ports are faid to be marcinico sr lucie tobago deuierara herbice kf fequibo port-au prince st marks l'ar chaye and jeremie tne decree alfo subjects to capture all vellels which have clearej out for the weit-iudies ueuerally the underfilled will not detain you citizen minifter for the purpoie of prov ing hovr directly and u^enly thefe lecrees violate both the l'.w of nations and the treaty between fiance and the united states they have been executed on the officers and crew of th captured vclieli in a man ner by no means calculated co mitigate their rigor the decree of the fourteenth of mejfidor wat fv>n followed by another which has par ed but little of the american commerce except ivt?m has fortunately e/cjpcd the pur fuit of tot crullers of france on the faielflh l'entuje th year xi march 1797 ') the executive diredfory onsirfrring the treaty of imity commerce and navi gation conclud'd at london the igth a'o vember 1 794 between the aid united states and r..j und as containing concel sions of privilege to britain v)hieb t wider the treaty 0 february 1778 might be en

The SA of NC considers this item in the public domain by U.S. law but responsibility for permissions rests with researchers.

Language

eng

FullText

h al us iv i l m i g a z e t 7 / r . thursday june 21 179 s * vol ii j no 77 ture holftars belt t hrfe fevr ral â€¢Â«!. and generally all cles thai be ci nfif other implements ef caÂ«ed wluntvep war m alfo timber y ftir - 11 be tul " f'or ftvip-huilding lined or attempted tar 01 rofin cop to be carried to the er in ihetts lails crc/ny hemp and cordage and generally what ever may ierve *//â€” redly to the equip ment of vejfels u11 vvrough iron and fir plank oiijy ex cepted 1 he immenfe number o articles Â« hicw may ierve indirectly for tlie armanient and equipment ot veflels are in;ide con traband l>y the rule of the directory though the-y are not fo by tl article it proftffes to cite article 21 rule 3 it is like wife a according to th greed that the lub 2 1 ft article of the jefts and citizens treaty of lcndon of of the two nations the lothofnovem hall net do any ads her 794 every ofholtility or vio individual known to lence againft each be an american other nor accept who fliall hold a comnjiftions or in comniillion given flruclions to to aft by the enemies nf irorn any foreign france as well as prince or hate cue every leamen of thac mitb to the party ; nation making a nor fliall the ene part of the crew of mies ol one of the eriemies l)ips fhail parties he permitted by that acl be de to invite or indea clared a pirate sr.d vour to enliu in treattd as fucb their military fer without being al vice any of the fuh lowed in any cale jffts r citizens of to allcdge that he the ether party ; was lorced to do ic and ihe laws againtt by violence nÂ»tna a tuch olfeuccs ces or otherwife - ; - j jgg'^iorii mall he punchially txe cuted and if any lubjtct or citizen of the ivid parries rel pfclivtly fti.ill ac ctpt any foreign coiuinflion or letters of marque lor arm ing any veflel to ' u ad as a privateer againft the other party it is hereby declared to be jaw liwful for the laid party to treat and punifh the faid lub jetf or citizen hav ing fiith ccniniifhon or letters of marque as a pirate 1 he government tf the united statps has r.evcr formed a treaty cdiprelund ing an si tide in any degree fimilat to this rule it has never aflented to inch ti pulations as they relate to its own citizen or require them as thry relate to thole of other powers the difierencc l>r ween the article and the rule requites i\o comment nor will the rule be com mrnttd on the underfigned v ill only oblerve that the article is by no mean uncommon but is to be found in molt treaties ot amity and commerce the 1 ft article of the treaty with france the loth of the treaty with the united pro virces the 23d of the treaty with sweden and aoth article of the treaty with prtif li.t contain limilar hipulaticns it is net eafy to conceive a rcalon why it fhould not alfo be inlerted in a treity with eng land or why its infection fhould give of fence to france but the fourth rule of the decree is in its operation the niofl extenive and the molt ferioully destructive that rule declares that " conformably to the law of the 14th of february 1797 the re gulatio^s of the a 1 it ot october 1794 and of the 26th ot july 1778 concern ing the manner of proving the property of neutral hips and merchandize lull be executed according to their form and tenor â€¢â€¢ livery american fliip fliall therefore 1 be a good prize which lhall not have 011 joy ed by this republic alfo proceeds to w dify the treaty between france and the u nittd states by accleurinq enemies gouts in american bottoms liable to capture and conf cation ; by enlarging the uh of con traband and b fubjttt to punishments as a pirate any amei tcun citizen holding Â« attn mifflon given by the enemies of france ms jjell as every it amen ct'thmt nation making a part of the crew of enemies hips 7hx decree next proceeds to exacl from ante hearts papers which hattbeen made nectjfary to dtablijhthe neutrality of foreign vejjels generally by the ordinance of the 26th of julv 1778 but which had never been con sidered us applying to tbe united states j which required papers their vtffelf couj n tefvppojtd 19 pi(ftfir4md.v*ich i treaty between the two nations was fupptfm to have rendered utmeceffary the basis taken by the execufwe direc tory or which to red their modification of the treaty iff tbe sixth of february 1778 is that by the treaty of the nineteenth Â«/ ao vember 1794 particular favours in re peel of commerce and navigation have been granted to england it has been demonfirated that no parti cular favours is rejpecl of commerce or navigation have been granted to england that treaty has been fbev/n only to recog - nize regulate and moderate the txercift of the rights before poffttfid before openly acknowledged to be fÂ»j[[tj[ed rights which trance and amtrici had reciprocal ly ceded to each other without requiring as a condition of tbe cetfion that either fhould compel england to jutm a fimilar flipulation bui to admit for a moment that the treaty with england might be confidered as stipulating favors not before poilefled yet tlie american government did not to undcrltand tliat treaty and had manifelt cfl a dilpolition to modify by common content us relations with this republ ,â– â€¢ in luch manner aj 10 reinita;e a rule which has been voluntarily changed it cannot but be linccrely regretted becaufe it teem rd to indicate an unfriendly temper that france has deemed it more eligible to el tabli(h by force in oppolition to her treaty i principle which ilie deemed convenient than to ti that principle on the balls of mutual and amicable agreement but the claule under which thefe mo dification are juftified is in thele words : " the molt chriitian king and the unit ed states engage mutually not to grant any particular fovor 10 other notions in refped of commerce and navigation which mall not immediately become common to the other party who mall enjoy the fame lavor treely it the concelfioi was freely made or on allowing the lame compen lation if the conceliion wascoiulition.il it thefe ftipulations unequivocally amount ed to the grant of uvors the grant is not gratuitous the concellions on the part of the united states are made on condition of fi'uilar concelhonson the part ol britain if therefore france chulei to coniider thÂ«m as modifications of the treaty of 1 778 flie can only do it by granting the reciprocal condition , on this fuppofiiion he has either of the rules at her election but he cannot vary from the firlt without a compact on her pan to grant tlic reciprocal itipulation such a compact m in ine nature of a national treaty but the rules 1 lid down in the decree of the 12h1 ventofe 5y all he means the remainder in their power without any inipe ihedecifion of con diment and it is tells wiiich fhall agreed that all pro snie either on the permeafures lhall validity ot the be taken to j>re prize cargo or on vent delay in de the freight and ciding the cafes of demurrage ihips or cargoes fo brought lor d indication ; and in the payment or recovery ot any indemnification d judged or agreed ro be paid to the owners or matter of luch iljips according to the article when on jtjl fujpicion ot having on board enemy pro perty or of carrying â€¢Â« the entmy cun traband of war a vtflel iiiall be broughi mioporr that part only which belongs to the enemy fhall be ma<1e prize according o the nnicle then the fa<5t whether the ,. sporty does or doe not tnltmp to "â€¢ r > enemy is to be fairly trwtf 1 hf pai ty who would eflalihhi the lacl muh prove it the captet nwi how the juiticc of the fulpicion on which he rapture or de tention was founded the burthen ot the proof reits on him if in truth and in fa ft the property docs not belong to an enemy or is not proved to belong to an enemy it mult be dilcliargcd but the rule puriuei a different courfe the rule declares that merchandize ot the enemy or nit jufficienuy pr wed to be neutral la den under the american hag lull he con fil'caied the burthen ot the proof is diificti from the captor to the captured the queltion to be tried is not folely whe ther the merchandize be in fadt the pro perty of an enemy but alio whether it be sufficiently proved to be neutral the itillicicncv of this proof isto bealcertained not by general tind fatisla&ory teltmiony not by the grand principles ot trutn and the common underltanding of mankind but by the exhibition ot certain papers demandable at the will of one of the panic and not in the pofleflion of the ather 1 liis may be a regulation which france choofes to eftablilh but cer tainly it is a regulation eflentially vari ant ti 0111 the article it nroleiles to rclemble article 18 rile 2 in order to regulate according ro the what is in future to 18th article of the be eftcemed contra treaty of london of band of war it is a the lyrh of novein greed that under her 1794 to the the faid denomint articles declared tion fliall be com contraband by the prifed alt arms and 24th article of the implements ferving treaty or the 6th of for the purpoles ot february 1778 war by land or by are added the fol fea ; as cannon,muf lowing articles : keis mortari pe timber for hip lards bombs gre building pitch tar nades carcafleijfau and rolin copper ciftes carriages for in fheets fails hemp cannon mufkei refts and cordage and bandoliers gun every thing which powder match ferves direclly or in ialtpetre,ba11 pikes dirttlly for the ar fwoi(!i head pie mament an(i equip ' ces cuiriflel b*l blÂ«nt of veffels un berti lances jave wrough iron and ; linij horic furni fir planks excepted ports on the nineteenth phviore jth year of the trench llepublic onenul iudivilible february lit 1797 victor hughes and lebas ihelpecial agents ot the executive directory to die windward 111 wwli pal fed a decree fulijectintr to capture and confifcaiion neutral vt-heis defined for the windward and leeward lll.inds of ame rica delivered up to the enghfll and oc cupied and defended by the emigrants tuefe ports are faid to be marcinico sr lucie tobago deuierara herbice kf fequibo port-au prince st marks l'ar chaye and jeremie tne decree alfo subjects to capture all vellels which have clearej out for the weit-iudies ueuerally the underfilled will not detain you citizen minifter for the purpoie of prov ing hovr directly and u^enly thefe lecrees violate both the l'.w of nations and the treaty between fiance and the united states they have been executed on the officers and crew of th captured vclieli in a man ner by no means calculated co mitigate their rigor the decree of the fourteenth of mejfidor wat fv>n followed by another which has par ed but little of the american commerce except ivt?m has fortunately e/cjpcd the pur fuit of tot crullers of france on the faielflh l'entuje th year xi march 1797 ') the executive diredfory onsirfrring the treaty of imity commerce and navi gation conclud'd at london the igth a'o vember 1 794 between the aid united states and r..j und as containing concel sions of privilege to britain v)hieb t wider the treaty 0 february 1778 might be en